Supreme Court Extends Mail Access to Abortion Pill
High Court keeps current mifepristone rules in place as Justices weigh a major fight over abortion pill access nationwide
The U.S. Supreme Court on Sunday extended a temporary order that allows the abortion pill mifepristone to continue being prescribed through telehealth visits and shipped by mail while the Justices consider a broader legal fight over the drug’s availability nationwide.
Justice Samuel Alito issued the order, which keeps current rules in place until at least Thursday evening. The move pauses a recent ruling from the 5th U.S. Circuit Court of Appeals that would have restored in-person requirements for obtaining the medication.
The case stems from a lawsuit filed by the State of Louisiana challenging federal rules adopted during the Biden administration that expanded access to mifepristone through telemedicine and mail delivery. State officials argue the changes conflict with abortion restrictions enacted after the Supreme Court overturned Roe v. Wade in 2022.
Drug manufacturers Danco Laboratories and GenBioPro asked the Supreme Court to intervene after the appeals court ruling created confusion among clinics, pharmacies, and telehealth providers across the country. The companies argued the lower court order threatened access even in States where abortion remains legal.
Mifepristone, used together with misoprostol, now accounts for a majority of abortions performed in the United States. The drug was approved by the U.S. Food and Drug Administration in 2000, and federal regulators later eased restrictions to allow remote prescribing and mailing of the medication.
The emergency request came after the 5th Circuit ruled May 1 that the FDA’s 2023 policy changes should be blocked while litigation continues.
The Supreme Court has already weighed in once on mifepristone access. In 2024, the Justices rejected a separate challenge brought by anti-abortion doctors and organizations after finding the plaintiffs lacked standing to sue.
The current dispute could carry broader consequences beyond abortion policy. Legal analysts say the case may test how much authority States have to challenge federal drug regulations approved by the FDA.
For now, the Court’s order means women in States where medication abortion remains legal may continue receiving prescriptions through telehealth providers and pharmacies without an in-person doctor visit.
